Ragette v. Zimmer

Appellate Division of the Supreme Court of New York

Ragette v. Zimmer

90 N.Y.S. 1111

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 11, 1904

StatusPublished

This text of 90 N.Y.S. 1111 (Ragette v. Zimmer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ragette v. Zimmer, 90 N.Y.S. 1111 (N.Y. Ct. App. 1904).

Pincite

Opinion

PER CURIAM.

There does not seem to have been any reason for the bringing of this action. All the relief to which the plaintiffs are entitled to could have been secured in the action for specific performance. Indeed, it is difficult to see how this action could have been maintained, had a proper objection been interposed in time. We think that the judgment below should be modified, by striking therefrom the costs and disbursements, and, as modified, affirmed, without costs.

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PER CURIAM.

There does not seem to have been any reason for the bringing of this action. All the relief to which the plaintiffs are entitled to could have been secured in the action for specific performance. Indeed, it is difficult to see how this action could have been maintained, had a proper objection been interposed in time. We think that the judgment below should be modified, by striking therefrom the costs and disbursements, and, as modified, affirmed, without costs.

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Bluebook (online)

90 N.Y.S. 1111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ragette-v-zimmer-nyappdiv-1904.